Part 382 requires carriers to test drivers for controlled substances and alcohol at defined trigger points: before employment, at random on annually set rates, on reasonable suspicion, after qualifying accidents, and before return to duty following a violation.
Results and refusals must be reported to the FMCSA Clearinghouse, and carriers must query the Clearinghouse before hiring and annually thereafter.
Alternative Names:
DOT Drug Testing, Controlled Substances Testing
Why it Matters?
Testing failures create liability independent of the crash mechanics. A carrier that skipped a pre-employment test, failed to query the Clearinghouse, or did not conduct required post-accident testing has handed the plaintiff a direct negligence claim and, frequently, a punitive damages theory. The absence of a required test is often more damaging than a negative result would have been.
Frequently Confused with
Related terms
Frequently asked questions
When is post-accident testing required?
What is the FMCSA Clearinghouse?
